FAQ – Why Is Voting Different Than Scanning A Can Of Peas?

[Greenwich Registrar of Voters] Musca said she had confidence in the machines’ accuracy. There’s no way you can make a mistake. You color in your ovals and the machine reads it,” she said. “It’s as good as scanning their can of peas (at the supermarket). If they trust the price on their can of peas, they should trust this as well.” <ref>

Unfortunately, Grocery Scanning (like ATM banking) is not the same as optical scan voting. Its not just that the computers are different – the whole “system” is different.

If the store programmed the peas incorrectly, then a customer would notice – their receipt and the money they paid would be incorrect – or the store would notice that they were losing money on peas – or perhaps an observant unbiased clerk that did not have blind faith in the scanner would notice. If just one customer or store employee noticed then the problem would be swiftly corrected and likely correct at least until the next change in price for peas was input by another employee.

Why do registrars say that manual counting of ballots is error prone? Because it is done by people who are inherently unreliable. Why do grocery scanners make mistakes? Because they are programmed and updated by people who are inherently unreliable.

How do we detect and correct problems with grocery scanners? We have checks and balances to offset the errors often made by humans – the store should have them while they input prices and upgrade the system – the receipt and money exchange is another check.

How do we detect and correct problems with voting systems – we test as well as we can beforehand – we independently test memory cards (we should) – we do sufficient random audits after elections. We cannot check receipts – we have something better in Connecticut: the ballots filled out by the voters. There is no money transaction we can check, they voter cannot detect an error and see that it is fixed for subsequent voters.

How do we detect and correct problems with human hand counted audits? We count with best practices that reduce problems with counting in the first place: teams of three or four counters; redundant counting of small batches; counting without knowledge of original machine counts; public observation of procedures. If counts don’t match machine results we count again, more carefully. If they still don’t match we do forensic research on the ballots and machines to determine the reason for the discrepancy and then work to determine the cause. (These are all things we should do. Unfortunately, at this time these are not the sort of things that are always done in Connecticut).

Let us not forget that paying a few cents more for a can of peas is hardly the same as losing democracy. We take voting integrity as a hassle at our peril.

Statewide errors threaten Nov. election

Update: At the GAE hearing in West Hartford, Gail Stempien, Assistant Registrar in Simsbury pointed to the failure of the voter registration system as an example of why Connecticut should not program our own memory cards. (Earlier, CTVotersCount member Denise Weeks had testified to the benefits of programming the memory cards within Connecticut, followed by 100% pre-testing before the cards are safely transported to registrars.)

Unfortunately, the voter registration system is an example of the state’s failure in managing outsourcing almost any significant responisibility, from computer systems, to highway and building contracts. As we have pointed out here, programming of memory cards in Connecticut by state employees, election officials or contractors is no panacea. However, the current system of programming of memory cards in secret by LHS in Massachusetts is fraught with unnecessary risks and has proven by UConn to fall far short in implementation, with no penalty for shoddy work.

We have proposed in testimony, a much more responsive, reliable, and closer to failsafe system. Yet, no system is fool proof (or knowledgeable insider proof). That is why we recommend sufficient post-election audits to detect errors and fraud, no matter what else is done to prevent problems.

**********

As we reported last week, among the problems that did not occur on election day was the problems that occurred the day before the election with the state’s centralized voter registration system, now reported by Rick Guinness in the Middletown press <read>

The letter, sent to Gov. M. Jodi Rell and bearing last Thursday’s date, pleads with Rell to put state resources on the problems before it is too late…

Bysiewicz says. “We must do more to ensure that election officials across the state have the tools they need to get prepared for the presidential election.

“We believe hardware improvements must be made to ensure that registrars of voters can access and use the system effectively in the upcoming presidential election,” she says.

“Time is of the essence,” she continues in the letter. “We must begin preparing for the November 2008 election now.

Looking back seven years: <2001 Media Advisory>

Bysiewicz says NASS recommendations to modernize voting machines, maintain an accurate voter registration database, and for additional funding aimed at improving the election process are all needed and being considered by the 2001 Connecticut Legislature.

“Requiring all towns to join our centralized voter registration database will go a long way toward enhancing the efficiency of elections, particularly in the area of voter identification and reducing potential fraud,” she said. “As new technologies develop, we also have to be prepared to move on to the next generation of voting equipment.”

Norwalk GAE Hearing

Testimony submitted and posted at GAE site.

Once again I have been procrastinating a bit in writing up the Norwalk GAE Public Hearing held last Thursday. The tone of the hearing was much different than the one in Norwich. This blog has a separate entry with my formal testimony.

In Norwich, for the most part, testimony was given by registrars, advocates, and citizens all criticizing aspects of the voting system, voting process, or suggesting improvements. There was no set time limit on speakers, however, most stayed under five minutes and one was asked to finish up after about that time. I am used to hearings at the Capitol with many speakers and a three minute limit, strictly enforced with the aid of an hour glass.

Continue reading “Norwalk GAE Hearing”

Talk Nation Radio – Fix Security Issues By Nov

Another excellent Talk Nation Radio <read listen>

Dr. Rebecca Mercuri, Professor Alex Shvartsman, Deputy Secretary of State Lesley Mara, and Connecticut Registrars discuss problems with the voting machines and security protocols set up to use them. The Deputy Secretary of State Lesley Mara reported nineteen voting machine failures last year, but at least some failures were not on her list because they were not reported. That was the case in the Republican Party stronghold of New Canaan, where ROV Bob Shafter and ROV George Cody were in disagreement about events at the polls…

We speak with Connecticut registrars of voter from New Canaan where a voting machine broke down in 2007 and LHS guided a mid election repair. The malfunction was not reported to the Secretary of the State. Deputy Secretary of State Lesley Mara discusses problems from recent state funded memory card study and promises to do more education to get registrars to contact proper authorities when failures occur, and the lead researcher on the state’s memory card study goes over problems with vendor, LHS, and what happens when voting machines fail…

There have been problems with the memory cards for the state’s voting machines and problems with the vendor, LHS Associates, since 2006. Connecticut’s Secretary of the State Susan Bysiewicz, a Democrat, has yet to bring the full power of her office to bear to solve them. She downplayed serious problems that cropped up on Super Tuesday even as the state’s voting machine security expert Alexander Shvartsman was trying to explain the troubling results of a study of the memory cards from the 2007 state and municipal election. And as public hearings go on, more problems and issues with the voting machines are coming out.

Two Companies’ False Statements – Should Both Be Of Concern?

Company #1 keeps some of us warm: Breaks the law and hides information from consumers.

Company #2 is the state’s sole source for maintaining our democracy: Previously under SEC and DOJ investigation, now admits hiding financial woes.

This is the second time in recent months that utilities have been caught red handed and the second time we note the irony in voting systems suppliers getting a pass.

#1 Connecticut Natural Gas

The Hartford Courant has been covering the story of improper billing by CNG, now getting scrutiny from the Attorney General and the DPUC. <read>

Under increasing public pressure and a looming public investigation, Connecticut Natural Gas officials admitted Monday that they had sent fabricated bills to 2,600 customers in 13 central Connecticut towns.

In a written report to state public utility regulators, CNG officials also admitted that they have known about the problem — caused by three meter readers making up low readings in October and November — since mid-January…

CNG said in the cover letter accompanying its five-page filing that it notified the DPUC on Feb. 1 about the problem — the day after I called the company to tell them I was writing a column.

State regulators, however, failed to disclose that conversation to me, or the public. CNG said in its cover letter it was simply told to file a written report…

“There needs to be a dramatic lesson” taught, Blumenthal said. He said CNG’s letter smacks of “Oops, you caught us and now we will follow the law. That is business as usual.”

“This is one of the more astonishing aspects of this [CNG] communication,” said state Attorney General Richard Blumenthal, adding that someone should investigate “what the DPUC knew, when it knew it and what it did about it.”

#2 Diebold Premier

Brad Blog has the latest installment on Diebold Election Systems Premier Election Solutions woes. The company we have contracted for our voting systems, already under investigation by the SEC and DOJ, now admits to overstating revenue by a mere 300% – to lay off 800 employees. <read>

  • What will happen to our election systems if Premier cannot support them or goes bankurpt, and cannot support LHS in meeting Diebold’s obligations?
  • Can we expect memory card quality control to increase as Premier sheds employees?
  • Is it possible that Premier is in breech of paragraph 2.3 of its contract, as suggested by one advocate at last night’s GAE public hearing in Norwich?
  • Should the CT DAS undertake its own audit of Premier under the provisions of paragraph 7 of the contract.
  • Should our constitutional officers in Connecticut be concerned?
[Premier/Diebold] admitted last week that they had over-estimated revenues of their election system division by more than 300%.As well, the company announced they will soon be laying off 5% of their full-time global workforce. The restatement of revenues comes as part of a deal worked out with the SEC, which continues its ongoing investigation into the financial practices of the once-great, now-disgraced company. Diebold also acknowledges that they are still being investigated by the DOJ, although the reasons and details of that particular investigation remain undisclosed at this time…

The 50% decrease in the company’s share price began just after a number of company executives sold off several thousand shares of stock, all on the same day in August of last year…

According to the statement, the earlier 2007 estimate for revenue from their election division was $185 to $215 million. The newly revised estimate for 2007 election business is just $61 million, revealing their original numbers were inflated by 300-350%.

The admission also reveals that estimated election system revenue for the company is down some 69% from 2006.

e-Democracy Symposium – Recounting/Auditing By Machine – The Devil Is In The Details

Yesterday I attended the spring symposium at the UConn Law School by the Connecticut Public Interest Law Journal: e-Democracy: Democratic Values In A Digital Age. There were three panels:

  • Campaigning On The Web
  • The Mechanics of Voting
  • Political Speech and the Internet

I found all three very interesting. Christine Stuart has an excellent article on the first panel at CTNewsJunkie I completely agree with her highlighting of Tim Tagaris, statement: “It’s Americans with computers, [not 20 somethings]”. The other point that rang true to me was that political blogging leads to personal interaction not isolation. I learned of the panel based on personal contact that was the result of political blogging, that was the result of personal contact that was the result of blogging…

The third panel discussed laws and regulations concerning political contributions, blogging, and the relationship of bloggers to campaigns. The summary was that political blogging is not regulated or restrained because, unlike television, it is open to anyone and thus does not need such regulation. I asked if the panel agreed that all their conclusions were based on “Net Neutrality”? Matt Stoller gave an impassioned response articulating current erosion of net neutrality.

The Second Panel: The Mechanics of Voting

The second panel covered the risks of electronic voting. Some of the issues we cover regularly here. The panelists were:

  • Lawrence Norden, Brennan Center for Justice, lead author of several significant reports on electronic voting. Mr. Norden also has worked to cause New York to make better choices in electronic voting.
  • J. Alex Halderman, Ph.D. candidate at Princeton University, and participant in the Diebold portion of the CA Top-To-Bottom Review.
  • Senator Gayle Slossberg, Co-Chair of the Connecticut General Assembly Government Administration and Elections Committee, and one of the authors of our audit bill, PA 07-194.

I appreciate all the panelists and their work for democracy. Also in attendance for the panel: Deputy Secretary of the State, Lesley Mara, several registrars, and more than several town clerks. I also appreciate their taking the time to be involved and informed. I was on the edge of my seat for the whole panel, wishing for more elaboration on some of the points, wishing it was more of a debate that I could join in. I fear that the lack of time, lack of common understanding, and background information between the panelists, and between the panelists and the audience may have left some significant misimpressions. Since I don’t have a transcript, you will have to go with my summary of what was said and of course my own impression of what might have been misinterpreted:

  • I completely agree with Mr. Norden’s statement that there is a lot we can do with what we have in time to improve the security of elections in time for November 2008.
  • I completely agree that Connecticut is much better off with optical scan than we would be with DRE (touch screen) voting equipment. I also agree that we have procedures that are better than those in many other states.
  • However our procedures are woefully inadequate to protect us. A chain-of-custody is only as good as the weakest link. Our procedures are inadequate, by their nature procedures are unenforceable, and have not been enforced. They have been regularly violated in the custody of ballots, audits, and memory card security.
  • Our 10% selection of districts for our post-election audits provides an easy claim to the strictest audit in the Country. That is misleading since the 10% is followed by a secret drawing of three or 20% of races to be audited, the law is full of loopholes, is articulated in inadequate, unenforceable, frequently violated procedures, and has proven in practice to provide no confidence that an error or fraud would be recognized. As Mr. Norden pointed out 10% can be overkill in some cases, unfortunately our audit law for the most part falls far short of the Brennan Center’s standards. Even that 10% is misleading since it is followed by a secret random drawing of three or 20% of races to be actually audited. And further while 10% for a state wide race would often be overkill, it is woefully inadequate to provide deterrence in state legislative races and most municipal races.

Recounting By Machine – The Devil Is In the Details

Once again, as has been the case since the November election we heard calls from officials for recounts by machine rather than hand counting. We also heard, once again, from Senator Slossberg that the Legislature may consider changing from manual recounts to machine recounts.

Here is where I saw the possibility of a large gap in understanding and context that may lead to misinterpretation of some of the remarks of the speakers.

In answer to a question of mine to Mr. Norden, where I asked how recounts by similar machines with similar memory card could discover problems, he answered that is was possible in cases where the machine used in the election was adjusted incorrectly or scanning incorrectly. I fear this may have left an impression with some that recounting by machine was fine. However, his answer, while technically accurate, has no relevance to catching errors or fraud having to do with software in the computer or in the memory card. Those would not be detected by running the same votes through properly setup, identically functioning computers and memory cards. In addition, if a variance were found based on an improperly functioning scanner, the question would then be which machine was more accurate – the original or the second one?

In his opening remarks Mr. Halderman mentioned that is was possible to recount and audit by reading votes through a new scanner and manually counting some votes, while saving huge sums of money, and in some cases reducing the actual hand counting to as low as 1 vote in 10,000. I agree. Yet, how many in the audience understood that he was talking about a completely different type of scanner, one that is not available commercially today. Yes, we could count and audit at a much lower cost with much more confidence – in fact the same type of technology could likely be used for the initial counting and avoid the second scanning (but the not the manual sample) altogether. The important point to understand is that this is not what is on the table in Connecticut at this time, when election officials, the Secretary of the State and the Legislature discuss recounting by machine.

ComputerWorld Interview With Rep. Rush Holt

Representative Rush Holt (D-NJ) is a physicist who has been working for some four years to provide integrity and confidence in voting. While waiting for a longer term solution, he has introduced an emergency bill, H.R. 5056 to encourage states to move to paper ballots and sound audits in time for the 2008 presidential election. We strongly support the bill. Rep. Holt is interviewed by ComputerWorld: Q&A: For e-voting, Holt looks to undo HAVA’s havoc <read>

Scientists and engineers would look all look at these systems and say, “You need a paper receipt that verifies the vote.” A politician on the other hand is slow to recognize that software can’t verify itself. The politician in me saw that [the lack of ability to verify votes] was a critical flaw in our voting systems, which could undermine confidence in the entire voting process…

If there is a voter-verified paper ballot, that ballot belongs to the election system. The voter doesn’t carry it away. It’s kept under lock and key the same way that all election records are kept. It’s subject to inspection only with a bipartisan, duly formed group of witnesses…

In presidential and senate races, if there is any county of the state in doubt, then the whole state and even the whole election is in doubt. We haven’t even finished setting a national standard that would apply to all votes cast in federal elections. Right now, all we can do is encourage as many counties as possible to do the right thing, give them some incentive, and provide reimbursement for their cost of using verified paper records and audits…

The legislation that I would like to see would have chain-of-custody requirements and transparency of software so that the software would be available for independent people to check. But the best single thing we could do is to have an independent audit of randomly chosen precincts in each federal election. An audit will be the most direct, simplest way of uncovering problems even if there is a software error, be it innocent or malicious.

TalkNationRadio: Dr. Shvartsman Outlines Memory Card Failures

We have covered the memory card issues and the reports from Dr. Shvartsman’s team at the UConn VoTeR Center <here> and <here>. This week, Dori Smith of TalkNationRadio interviewed Dr. Shvartsman <audio and transcript>.

The UConn reports reported 3.5% and 8% failure rates. These are outrageous. Not only do they represent a huge and unacceptable hardware failure rate, but this is after LHS was to have programmed and tested each card. But this may be the tip of the iceberg, what kind of organization is LHS?

The Secretary of the State made public announcements that the University of Connecticut team planned to collect memory cards for a study into the failure rates of the cards. But even so, LHS staff members collected memory cards that failed during the set up and testing phase of the 2007 election. They did this even as the UCONN team was attempting to collect a random sample to test for the number of failing cards and the manner in which they failed. The actions of LHS of replacing failing memory cards during the set up of the election is not outlined in state security protocols and those actions served to remove failing cards from the UCONN study, it ruined portions of the statistical analysis.

Continue reading “TalkNationRadio: Dr. Shvartsman Outlines Memory Card Failures”

Doth The Courant Protest Too Much?

Perhaps there is one thing worse than a voting system we cannot trust, outsourced, and unaudited. It is a media we cannot trust, downsized, outsourced, bent only on profits, oligarchical, and failing to actually do the work necessary to do the research and reporting necessary for democracy.

Updates:

Brad Friedman defends us all against false accusations <read>
Sometimes its politically correct to believe the exit polls <read>

NH Secretary of State’s Press Release On Recount
Starting 1/16: <read>
Dennis Kucinich statement: <read>
Oberman + Rush Holt, Excellent Video <watch>
Will the recount be satisfactory? Questions raised <read>

Perhaps there is one thing worse than a voting system we cannot trust, outsourced, and unaudited. It is a media we cannot trust, downsized, outsourced, bent only on profits, oligarchical, and failing to actually do the work necessary to do the research and reporting necessary for democracy.

Englehart  Cartoon 1/11/2008

As I have written on Englehart’s Comments at the Courant:

It seems from the Courant articles and editorial yesterday, and now this cartoon, that the machines are infallible and the past proven accuracy of polls is completely disregarded.

The cartoon should be showing the Crystal Ball as a Diebold optical scanner and a trusting media expressing complete faith in its unchecked results.

There are legitimate questions about the discrepancy between the polls and the machines. The way to resolve these questions is not through faith, but through science by actually counting the paper.

There is no proof the machines were inaccurate. There is no proof the polls are inaccurate. What there is, is an absence of solid investigation to give us confidence.

Yesterday we had a flurry in the Courant all focused on the idea that the polls were wrong. Two articles, the lead editorial, an op-ed, and four letters to the editor:

Big Loser In N.H. Race: The Pollsters <read> Where with no evidence arguments are developed to explain the discrepancies in the polls – except any acknowledgement of the possibility that the machines did not count accurately.

Clinton’s ‘Cry’ Resounds in Presidential Campaign <read> Where the argument that it was Clinton’s crying that moved the voters.

Editorial: Only Pollsters Are Upset <read> Confirming the case made in the earlier articles. Surprisingly the Courant ignores all the voting advocates that are concerned with the lack of auditing of the machines and the unanswered questions. I would say we are not surprised at the lack of investigation yet we are more than concerned with the state of election integrity <read> <read> and the media’s rush to judgement.

Letters to the Editor <read> Four letters to the editor, in their own box in the print edition serve to reinforce the same theme.

Op-Ed: Is U.S. Ready For Obama <read> An op-ed, more than hinting that the voters in N.H. are racist and lied to the pollsters to cover that up.

Remember that the Courant Editorial Board has a reputation to keep. They must stick to their earlier claim that “So far, no one appears to have figured out how to tamper with the machines”. <read> Completely discrediting the vast majority of computer scientists, the Carter-Baker Commission, the Brennan Center for Justice, the Secretary of the State of California, and Dr. Shvartsman and his team at the UConn Voter Center.

Update: David Lindorf article <read>

Jonathan Simon, an attorney and co-founder of the group Election Defense Alliance, says that the vote discrepancies between machine and hand counts in New Hampshire’s Democratic primary are troubling, and defy easy explanation.

“The trouble is, whenever you have a surprise result in an election, and it runs counter to the polls, the media always say the problem is the polling, not the counting.” But he adds, “The thing is, these things always work in one direction-in favor of the more conservative candidate, and that defies the law of quantum mechanics.”

DemocracyNow! Interviews New York Times Author

<read, listen, view> More scary and devastating than reading the article in the New York Times Magazine.

Still does not fully address the similar issues of optical scan which are only solved with sufficient post-election audits. Yes, recounts of the paper from optical scan is vary reassuring, yet recounts are seldom done, even in cases of important suspicions, like the recent New Hampshire Primary. Precisely why we need post-election audits.

This interview does more fully cover the issues of outsourcing.